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wrongful repossession

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Here’s my statement of accounts that happened before, during and after the repossession of my vehicl


On March 26th just before 1am I drove to 7-11 in my 2012 BMW 328i to buy milk for my 14-month son. After purchasing milk, I headed back home, and my car suddenly shut off as I was going through the intersection of Mission Blvd (Hwy 238) and Niles Canyon Road (Hwy 84-traveling east bound on Niles Canyon Road.) I coast off the road about 100 yards east of the intersection. I tried to start the car about 3 or 4 times but, the starter was not working. I was really had no idea what was wrong with my vehicle. I walk back to 7-11 and called my wife (1:15am) to let her know that I had broken down.  She didn’t answer and could only leave a message. When walking back to vehicle a tow truck passed my vehicle and headed up Old Canyon Road. I really hoping they would come back, so that could get some help with my vehicle. About 10 to 15 mins later (appx 1:30am) the tow truck returned and pull behind me. I exited my vehicle to communicated with the tow truck driver and the tow truck continued to back up and the tow truck started to lift the rear of my vehicle. I started yelling STOP, STOP! My vehicle kept going up and my car door was still open, so i got back in and I shut and locked my doors. At this point I was in fear of my safety, so I pushed my onboard SOS button that communicates with Emergency Dispatchers. It would not work and then two men exited the tow truck and approach my vehicle at both drivers and passenger windows and one of the men started demanding me to get out that my car; That my vehicle has been repossessed. I replied; I would not, and the police were on the way.

This continued for about 5 to 10 mins and when a police vehicle arrived they stopped and started walking towards their vehicle or the police vehicle. I could see anything because of the spot light of the police car was pointed at my vehicle. I remained in my vehicle, waiting for the police to come talk to me. It seemed like a long time had passed (5mins) and the police still hadn’t come talk to me. I rolled down my windows and stuck my head out and said; Officer could you, please come talk to me! Then one of the officers replied for me to show my hands and to keep them outside of the window. Then I he said; he was going to give direction on how I was going to exit the vehicle. They had open the door from the outside and keep my hands above my head and walk backwards until he said to stop. I did exactly that and they place handcuff on me and told me that I wasn’t under arrest at this time but, I was being detained. My view was clear now and there were four officers, maybe 5 had the weapon out and two of them at automatic rifles. I explained that I was in the vehicle when they tried to take my vehicle with me inside of it and the threats they had made towards me. He replied; what did you throw out of the window. I replied; I don’t know what you’re talking about.  Three officers were searching in the field beside us. Then office holds up something that look like a cell phone and asked is this your scale. I replied; NO and let’s get back to the attempted theft of my vehicle. He replied; What kind of drugs do you use. I replied; No. The officer then asked; where do you live? I replied just down the street. He told that the tow truck was leaving with my vehicle and when they are gone, I would be uncuffed and that I needed to go home. I asked; if he could at least get my milk out of my car for me. The tow truck drove off with my vehicle and was uncuffed and given the milk and then I started walking home.


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